Date of Decision: AUG. 5, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: International Trade
Petitioner Information
Profession: International Trade Specialist
Field: International Trade
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Evidentiary Criteria Analysis
Criteria Met:
Evidence of Advanced Degree:
The Petitioner complied with the Director’s request by submitting the required documentation demonstrating eligibility for classification as a professional holding an advanced degree.
Criteria Not Met:
Complete Evaluation by Director:
The Director did not fully evaluate the evidence submitted by the Petitioner, failing to determine whether the Petitioner qualifies for the requested second preference classification.
Key Points from the Decision
Proposed Endeavor:
The Petitioner’s proposed endeavor involves advancing the field of international trade through her specialized expertise and experience.
Substantial Merit and National Importance:
The decision did not include a detailed analysis of the substantial merit and national importance of the Petitioner’s proposed endeavor due to the initial decision’s procedural deficiencies.
On balance, it would be beneficial to the United States to waive the requirements of the Labor Certification process:
The Director’s decision lacked sufficient analysis to determine whether waiving the Labor Certification process would benefit the United States, necessitating a remand for further proceedings.
Supporting Evidence:
The Petitioner provided an official academic record and letters from former employers demonstrating her qualifications and progressive post-baccalaureate experience.
Inconsistencies in Proposed Endeavor:
No specific inconsistencies in the proposed endeavor were noted in the Director’s decision, as the evaluation was incomplete.
Supporting Documentation
Letters of Intent:
Provided letters demonstrating support for the Petitioner’s proposed contributions to international trade.
Business Plan:
Included a comprehensive plan outlining the Petitioner’s intended activities and their potential impact on the field.
Advisory Letter:
Contained endorsements from experts in international trade, highlighting the significance of the Petitioner’s work.
Conclusion
Final Determination: The appeal was remanded. The Director’s decision was deemed insufficient for review, requiring further evaluation of the Petitioner’s qualifications and the merits of her proposed endeavor.
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